Also known as: discoverable · discoveries · pretrial discovery
Written by attorneys · grounded in primary & secondary sources — see below
Compulsory disclosure of information relevant to pending litigation. Parties obtain facts, documents, and testimony through devices such as interrogatories, depositions, and requests for production to prepare claims and defenses for trial or settlement.
Darius Dixon sues a competitor for infringing his invention. During discovery the defendant produces internal memos showing it copied the design. The memos establish the factual basis for the infringement claim and allow Darius to move for summary judgment.
Denise Donovan files a complaint alleging fraud. Her lawyer certifies under Rule 11 that the factual contentions will likely gain evidentiary support after further investigation or discovery. The court accepts the pleading because the certification satisfies the rule.
Deborah Dunn serves overbroad document requests on Dwight Dorsey in a contract case. The court finds the requests frivolous and imposes sanctions because the lawyer failed to make a reasonably diligent effort to limit discovery to proper matters.
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David Dawson is injured by a machine part. In the products liability suit the manufacturer argues the defect was obvious on inspection. Discovery of internal testing records shows the manufacturer knew the danger was not discoverable by ordinary inspection, preserving liability.
Destiny Davis sues over legislative district lines. The court allows discovery into census data and voting records because the political question factors do not bar adjudication and manageable standards exist for resolving the claim.
Dillon Energy buys equipment that later proves nonconforming. Discovery of the defect after acceptance was difficult because the seller gave assurances of quality. The buyer may revoke acceptance under the UCC because the nonconformity substantially impairs value.
Parties may use interrogatories, depositions, requests for production, and requests for admission. These tools allow litigants to gather facts, documents, and testimony before trial.
Model Rule 3.4(d) prohibits a lawyer from making a frivolous discovery request or failing to make a reasonably diligent effort to comply with a proper request from an opposing party.
The work-product doctrine protects documents prepared by attorneys in anticipation of litigation. An opposing party may obtain them only upon showing substantial need and undue hardship.
A buyer may revoke acceptance without prior discovery of nonconformity when acceptance was induced by the difficulty of discovery or by the seller's assurances.
…This was particularly true prior to the development of antisepsis. Antiseptic techniques, of course, were based on discoveries by Lister, Pasteur, and others first announced in 1867, but were not generally accepted and employed until about the turn of the century. Abortion mortality was high. Even after 1900, and…